Category Archives: FERC

Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

By Doron Ezickson, Paul Pantano, Sohair Aguirre and Mary Treanor On August 13, 2015, a  Federal Energy Regulatory Commission (“FERC” or “Commission”) Administrative Law Judge (“ALJ”) issued an initial decision in which she found that BP America Inc. et al. (“BP”) manipulated the natural … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation, Uncategorized

Tariff Compliance Is Not Enough: FERC Imposes Nearly Thirty-Five Million Dollars in Penalties and Disgorgement against Powhatan Energy Fund and Its Trading Associates

By Doron Ezickson, Thomas Millar, and Mary Treanor On May 29, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an Order against Powhatan Energy Fund, LLC and its trading partners, Dr. Houlihan Chen, HEEP Fund, LLC and CU Fund, Inc. (together, “Powhatan”).  FERC … Continue reading

Posted in Commodity Trading, Enforcement and Investigations, FERC, Oil & Gas, PJM, Power, Regulation

“Such a fact pattern does not a $5 million penalty make.”

By Doron Ezickson, Thomas Millar and Katherine Vorhis Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million against Maxim Power Corporation and … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation

What Did April Bring?: FERC Extends Out-of-Market Reliability Measures but Wants Market-Based Solutions

By Gregory Lawrence, Thomas Millar and Mary Treanor The Federal Energy Regulatory Commission (“FERC”) recently published two orders that approved capacity and reliability measures for the Independent System Operator New England Inc. (“ISO-NE”) and the New York Independent System Operator (“NYISO”).  In contrast … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

Truthful . . . but Not Forthcoming? FERC Staff Takes Aggressive View of Material Omissions as Basis for Intent in Maxim Power

By Gregory Lawrence, Thomas Millar and Mary Treanor Recent positions taken by FERC’s Enforcement Staff in the Maxim Power show cause proceeding add to the uncertainty regarding what information market participants must volunteer when communicating with the Commission, ISOs/RTOs, market monitors and others. We … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

FERC Issues Order to Show Cause to Maxim Power

By Gregory Lawrence, Terence Healey, Thomas Millar, Natalie Mitchell, and Christopher Polito On February 2, 2015, FERC issued an Order to Show Cause and Notice of Proposed Penalty to Maxim Power Corporation and its named subsidiaries (“Maxim”),1 jointly and severally, as well as executive, Kyle … Continue reading

Posted in FERC, Power, Regulation

The Fate of Demand Response Hangs in the Balance

By Gregory Lawrence, Sohair Aguirre, Natalie Mitchell and Lamiya Rahman The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations.  Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet … Continue reading

Posted in Cases, Commodity Trading, FERC, Oil & Gas, Power, Regulation, Supreme Court

Does the Natural Gas Act Preempt State-Law Antitrust Lawsuits? – Supreme Court Arguments

By Terence Healey, Natalie Mitchell, Christopher Polito and Mary Treanor On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that state-law antitrust claims were precluded by the federal Natural Gas Act and, therefore, fell … Continue reading

Posted in Antitrust, Cases, FERC, Oil & Gas, Power, Supreme Court

2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation

By Doron Ezickson, Gregory Lawrence, Greg Kusel and Christopher Polito The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement activities during the fiscal year … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

The Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out

Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings.  The appeals process and related complaints at FERC … Continue reading

Posted in FERC, Oil & Gas, Power, Regulation